Marriage means that citizens will have everything in common. But what is shared property? How to divide it correctly during the collapse of the cell? What you need to know about this nuance? To answer all this and not only for us to come. In reality, everything is much more difficult than it seems. And if the husband and wife do not think in advance about how to share their facilities, serious problems and long litigation may arise in the future.
Property Types
According to the RF IC, the division of jointly acquired property is carried out without problems. But what can be considered such property?
According to current laws there are:
- personal objects;
- common property.
What remains to be done in the destruction of the family? When and how to share what a husband and wife have? Understanding these issues is crucial. Especially for those who have gained a lot during the marriage.
Personal person
To begin, consider personal property. This belongs to a specific person and is not affected in any way during the dissolution of the marriage.
The personal belongings of a person in the family include:
- personal items (clothing, shoes);
- property transferred under gratuitous agreements (gift, inheritance, and so on);
- everything that a citizen had before marriage;
- the right to the result of intellectual activity.
Accordingly, all this does not enter into the concept of jointly acquired property. The listed categories of objects are ideally not subject to division. They are affected only in exceptional cases.
Married but not common
Some believe that everything acquired in a marriage is considered common. But by law, this is not entirely true. Sometimes, certain transactions with objects transfer spouses things and real estate for personal use.
When does this happen? For example, if:
- we are talking about the property of minor children;
- real estate acquired through primary privatization;
- targeted income (capital, rehabilitation assistance, and so on);
- everything that was bought with the personal money of the spouse.
As practice shows, to prove the fact of acquiring things with personal funds can be problematic. Especially if the money was accumulated in cash and stored at home.
Common things
The jointly acquired property of the spouses is all that they acquired in marriage, with the exception of the situations listed above. That is why some citizens are in no hurry to buy an apartment or land after the wedding. After all, such objects will be recognized as common. And it does not matter at whose expense they are purchased and to whom they are drawn up.
According to the RF IC, the common property of the spouses is recognized:
- shares;
- contributions;
- capitals and shares in them;
- securities;
- property purchased during the period of marriage;
- all income of husband and wife.
Accordingly, all earned money, regardless of who brought it into the house, is recognized as common. And the available contributions, too. All this will be subject to section.
Luxuries
What about luxury items? Jointly acquired property in the marriage will be divided without fail. But how? And what can you not share?
Only personal property is allowed to be collected without a section. And what about luxury goods? For example, with the jewelry that was given to one or another spouse?
If things were transferred by gift or inheritance, they will be recognized as the property of the donee. Otherwise, jewelry and luxury goods are common property.
No income - have rights?
Some people think that the lack of income of one of the spouses is the basis for the abolition of rights to common property. Is it so?
Generally not. Especially if the spouse had good reason not to work. Suppose a person looked after children or led a life. To prove all this, as practice shows, is not difficult. Usually there are witnesses who can confirm childcare or an agreement between spouses on the topic "who earns and who looks after the house."
Personal recognition as common
Under certain circumstances, a husband and wife may recognize personal property as common property. But this is not always possible.
As a rule, in order to cope with the task, citizens will have to prove that the second spouse for their personal or common money significantly increased the cost of the existing property. Say, there was a reconstruction or a major overhaul of the property.
Recognition of personal property as common is through the court. Spouses do not solve such issues on their own.
Personal recognition
And sometimes it happens that jointly acquired property is not considered such. In exceptional cases, you can recognize purchased during marriage as personal property.
To do this, you will have to go to court and prove that the thing was bought with the plaintiff’s personal money. The main difficulty here is the collection of papers indicating the expenditure of own funds. After all, the money earned during the marriage is considered common. And this should be remembered by each spouse.
Section Ways
The section of jointly acquired property is of interest to many couples. There are several options for solving the problem. The answer directly depends on how the couple divorces and whether they can agree among themselves.
At the moment, the division of jointly acquired property is carried out by:
- court;
- peace agreement;
- prenuptial agreement;
- the law;
- verbal agreement of the parties.
Next, we consider all possible scenarios. What to do in this or that case? How to apply to court? And to conclude a peace or marriage agreement? Having understood all this, with the collapse of the family, there will be no property disputes. Or they will be minimal. But this happens extremely rarely.
Oral Section
To begin with, consider the rarest, but the situation is taking place. We are talking about an oral agreement between the parties regarding who and what will remain after the termination of the marriage.
In this case, everyone simply takes away what he has agreed with his spouse. The method is suitable for those who plan a divorce without fights and noise. Not everyone can agree among themselves. After all, if someone does not agree with the division of common property, a person will be able to go to court and divide the common property according to the law. Accordingly, you need to choose such a technique only when the spouses are sure that the other side will not try to annoy in the future.
Marriage contract
Is the apartment a jointly acquired property? Yes, if it was bought in a marriage and for the common money of a husband and wife. It is real estate, as a rule, that they try to divide when the family breaks up.
Today in Russia, drawing up a marriage contract is popular. This is a document in which spouses indicate the principle of dividing existing and future property.
If the parties have such an agreement, then the section will be made on the basis of the corresponding paper. You can conclude a contract at any time after the wedding. Usually a document is signed by a notary.
How to conclude a marriage agreement
A few words about how to draw up and sign a prenuptial agreement. This is not so difficult. Spouses will need:
- Collect a package of documents (about him later).
- Contact a notary public.
- Draw up and sign a marriage agreement.
That's all. The main problems usually arise at the stage of reflection on the principles of sharing property.
In order to conclude the mentioned contract, the parties will need:
- passports
- an inventory of everything they have;
- title documents for property;
- receipts and receipts for the purchase of movable property;
- Marriage certificate.
In addition, the agreement is required to indicate how the division of property will be implemented, which will be acquired in the future. For example, spouses are entitled to belongings taking into account the invested funds or taking into account who they are registered for.
Peaceful agreement
Another way to solve the problem with the division of property is to conclude a peace agreement. The document is signed in court. This is a kind of analogue of a marriage agreement.
Thanks to this paper, the parties come to a peace agreement regarding who and what is due after the divorce. The difference lies in the fact that this kind of documentation is drawn up mainly during the judicial debate. We will not focus on this nuance, since such an agreement is extremely rare.
According to law
The division of jointly acquired property of spouses under the current laws is carried out without much labor. The thing is that according to the RF IC, everything common is divided in half.
Accordingly, if the husband and wife decided to separate, it is worth considering that without a marriage contract, joint ownership will more likely be 50/50.
Going to court
Most often, citizens file a lawsuit in the court about the division of jointly acquired property. This is the most common scenario. It occurs during the division according to the law, and if the spouses want to recognize the general as personal or personal as common.
As a rule, the parties will need:
- Prepare a series of documents. Their list is discussed below.
- Make a lawsuit. In the document indicate all your requests, as well as the rationale for the requirements.
- Submit prepared documentation to the court.
- Take part in the meeting. There may be several hearings.
- Get your hands on a court decision.
- Contact the registration authorities in order to register this or that property.
Important: the parties can share the property both during the divorce (then the relevant request is announced in writing) and after the family breaks up. You have to act the same way in one case or another.
Which court to go to
A claim for jointly acquired property shall be filed taking into account the value of jointly acquired. Therefore, citizens must understand which judicial authorities will consider applications.
Today you can contact:
- Magistrate's Court - the cost of common property is not more than 50,000 rubles;
- district court - in other cases.
Accordingly, one often has to go to the district judicial authorities. This is a fairly common occurrence.
Limitation period
Now it’s clear how the division of jointly acquired property is carried out. A sample of the relevant claim is presented.
The limitation period shall apply to the filing of a claim. He is 3 years old. If more than three years have passed since the dissolution of the marriage, it is better to agree on the division of property peacefully.
However, the omission of the limitation period is not grounds for refusal to consider the relevant application. Especially if the legal rights of the spouses are violated and this fact is confirmed.
Documents for the court
Sharing acquired property in Russia is not as easy as it seems. This question is a lot of trouble for all couples.
In order to file a lawsuit with the court for the division of property, the following components will be required:
- passports of the parties;
- lawsuit of the established form;
- marriage / divorce certificate;
- bank statements;
- title documents for property;
- income statements;
- checks and receipts for the payment of goods and services.
If there is a marriage contract, it will also have to be attached to the statement of claim. Then it will turn out to cope with the task with minimal problems.
Debt and Divorce
And what if it comes to the debts of citizens? Are they joint property? Yes. Separation of debts is carried out in the same way as property. But there are exceptions.
For example, when it comes to criminal or administrative debt. Then the debt will be considered personal.
If a person took a loan without the consent of the spouse, it is possible to recognize such an act as illegal in court. And the debt will be credited only to those who applied to the credit institution. Or you can get rid of the division of debts and loans when the second spouse can prove that the money was spent not on the family. Disputes of this kind will only be resolved in court. A statement of claim on jointly acquired property is not so difficult to file!